What is a Real Image? by puuikibeach from Flickr (Creative Commons License)

I had the pleasure of speaking at TechPhx over the weekend and fielding a lot of questions about how the law applies to blogging and podcasting, especially copyright, trademark, and privacy issues. The big take-home lesson surrounding copyright is usually “get permission” to use a photo on your site by using images from Creative Commons or asking the copyright holder for permission to use their work. (I’ve never had anyone tell me “no.”)

But what do you do if there’s an image you want to use and you can’t tell who the copyright holder is to ask permission?

I would start by evaluating the situation where I found the photo and contact the website administrator if it’s on a website or the profile owner if it’s on a social media site and say something like, “This picture is really beautiful. Who took the photo?” or “Where did you find this photo?” I probably wouldn’t ask, “Who is the copyright holder?” because a lot of people don’t understand copyright law and they think that owning a photo or having a copy of the file means they own the copyright, when they don’t.

I saw a situation where a publication asked a person if they could use some of the photos she posted on her social media site in an upcoming edition and she said “yes.” Unfortunately, that person wasn’t the copyright holder and she didn’t understand that she didn’t have the authority to give such permission. The publication thought they did everything right but because they didn’t verify they had permission from the copyright holder, they had a bit of a mess to fix once the photographer learned what had happened and informed the publication that they used his work without his permission.

Another tactic I might use if I wanted to find a copyright holder is run the photo through the Google Image search engine to see where else the image is available online. That might reveal the original source.

Here’s a video with more information about how to determine who is the copyright holder or whether is in the public domain.

If you can’t determine who the copyright holder is to ask permission to use their work, you may want to ask yourself how important it is to use that particular image and whether a similar image that is available under Creative Commons.

Search this website

Disclaimer

This website should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.

Contact Us

602-631-9100
Ruth@CarterLawAZ.com

1938 East Osborn Road
Phoenix, AZ 85016

Disclaimer

This website should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.

Notice

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT

Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are as essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.